Terms of Use

Your use of the faithup.com website (the “Site”) and any services (the “Service”) provided by Faith Up, including its affiliates, employees, officers, directors, agents, successors, and assigns (collectively referred to as “we” or “us”), is subject to the following Terms and Conditions of Use (the “Terms of Use”). By accessing or using the Site or Service, you agree to be bound by these Terms of Use without modification. Please carefully review these terms before using the Site or Service.

We reserve the right to modify the Terms of Use or change them, as well as the Site and/or Service, at any time. If we make any changes to these Terms of Use, we’ll notify you by updating the date at the top of this document and, in some cases, by providing you with additional notice. Your continued use of the Site and/or Service following any changes or modifications indicates your acceptance of the revised Terms of Use.

We recommend that you regularly review the Terms of Use and any applicable policies to understand the terms and conditions that govern your use of the Site and/or Service. If you don’t agree to any of the revised terms, you should immediately stop using the Site and Service.

These Terms of Use do not modify the terms or conditions of any other agreement you may have with Faith Up for services, products, or otherwise. Additionally, your use of the Site and/or Service may be subject to legal notices or additional terms and conditions that are applicable to the Site and/or Service in addition to these Terms of Use (“Additional Terms”). If Additional Terms apply to the Service, you’ll be able to access them through your use of the Service or they will be provided separately. Together, these Terms of Use and any applicable Additional Terms form a legally binding agreement between you and Faith Up in connection with your use of the Site and/or Service.

To use the Site and/or Service, you must be of legal age to enter into a binding contract and not be prohibited from using the Site and/or Service by the laws of the jurisdiction from which you access them.

Our Service

In addition to providing Biblically-based encouragement via faithup.com and email, our Service may connect people with Christian professionals, such as counselors.

As part of our commitment to providing you with the best possible resources, we strive to only work with Christian professionals known as “Partner(s)”.

We offer information about Partners to individuals based on expressed needs and preferences, and subsequently share the individuals’ details with relevant Partners, if applicable.

Our Service is provided at no cost. We are compensated by the Partners we work with.

Partners

We want to ensure that those who use our Site and/or Service have access to accurate and reliable information about Partners. However, it’s important to note that each individual that uses our Service is solely responsible for evaluating any Partner.

It’s important to note that Faith Up does not assume any liability for the acts or omissions of Partners or employees, contractors, vendors, or any other individual associated with a Partner. Each Partner is solely responsible for their actions, and we do not accept any responsibility for the consequences of any actions you may take in connection with our Site and/or Service.

We are committed to providing you with the best possible experience, but it’s important that you make informed decisions based on your own research and due diligence.

No endorsement; No affiliation

We do not exercise any independent judgment regarding the quality of Partners, nor do we endorse or recommend any of them. Our role is strictly limited to providing an informational service.

We are not a representative or agent of any potential Partners and do not act on their behalf.

We want to make it clear that the Service we provide is for informational purposes only, and we do not make any guarantees or warranties regarding the quality of Partners.

No Professional Advice

All information, materials, content, and/or advice provided by Faith Up is for informational purposes only. It is not intended to replace or substitute for any professional, financial, medical, legal, or other advice.

We want to make it clear that we do not offer medical, legal, financial, or other professional advice. Any information provided is intended to be educational and informative only. We expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided by Faith Up or Partners.

We encourage you to consult with appropriately trained and licensed specialists for all concerns that require professional advice.

Consent to Communicate

By submitting any forms on the Site or providing your information through any other means, you expressly consent to being contacted by Faith Up, and/or Partners, whether by phone, mobile phone, email, mail, or otherwise. If you are a user of the Service, you authorize Faith Up to provide the information that you provided us and related information we may receive from third parties to Partners for the purpose of providing the Service. Such authorization shall remain in effect until you withdraw your consent by requesting that we no longer provide you the Service; provided that we may continue to refer to and/or disclose your information when communicating with a Partner as necessary for our normal Partner related business practices (such as Partner billing matters) until such matters are closed.

Disclaimer

ALL MATERIALS, INCLUDING THIRD PARTY CONTENT, LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE SITE AND/OR SERVICE ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. BY USING THE SITE AND/OR SERVICE AND MATERIALS, YOU AGREE TO BE FULLY RESPONSIBLE FOR ANY RISKS ASSOCIATED WITH YOUR USE. FAITH UP AND ITS ASSOCIATED PARTIES, INCLUDING AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, REGARDING THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE SITE AND/OR SERVICE. PLEASE BE ADVISED THAT FAITH UP CANNOT BE HELD RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY OR THEIR AGENTS OR EMPLOYEES, EVEN IF THEY WERE INTRODUCED TO YOU BY FAITH UP, INCLUDING WITHOUT LIMITATION, ANY PARTNER, WHETHER OFFLINE OR ONLINE. PLEASE NOTE THAT THIS DISCLAIMER CANNOT BE ALTERED BY ANY ORAL OR WRITTEN INFORMATION FROM FAITH UP OR ANY OTHER PARTY. FAITH UP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR COVENANTS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR ERROR-FREE NATURE OF THE MATERIALS ON THE SITE. PLEASE BE ADVISED THAT WHILE WE TAKE REASONABLE PRECAUTIONS TO ENSURE THAT THE SITE IS FREE FROM VIRUSES, FAITH UP MAKES NO REPRESENTATIONS, WARRANTIES, OR COVENANTS REGARDING THE SAFETY OF THE SITE OR ITS SERVER(S) FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE BE AWARE THAT FAIHT UP SHALL NOT BE LIABLE FOR ANY PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITE AND/OR SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAITH UP AND ITS ASSOCIATED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER. THESE DAMAGES COULD ARISE OUT OF OR IN ANY WAY BE RELATED TO OUR SITE AND/OR SERVICE, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITE AND/OR SERVICE, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITE AND/OR SERVICE, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FAITH UP OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE AND/OR SERVICE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO FAITH UP FOR ACCESS TO OR USE OF THE SITE AND/OR SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE FAITH UP OR THE ASSOCIATED PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT. SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Faith Up, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or in connection with your use of the Site and/or Service, your violation of these Terms of Use, or your violation of any rights of any third party.

Faith Up reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Faith Up in asserting any available defenses. This provision shall survive termination of these Terms of Use and your use of the Site and/or Service.

You acknowledge and agree that any violation of this indemnification provision would cause irreparable harm to Faith Up and that, in addition to any other remedies that may be available, Faith Up shall be entitled to seek injunctive relief against you to prevent any further violations.

Termination

We reserve the right to terminate or suspend your access to our Site and/or Service at any time, with or without notice, if we believe you have violated our Terms of Use or engaged in harmful conduct. Your right to use the Site and/or Service will immediately cease upon termination or suspension.

Changes to the Site and/or Service

We reserve the right to modify, suspend, or cease providing our Site and/or Service without notice.

Governing Law

In the event of any dispute arising from your use of the Site and/or Service, the laws of the state of Washington will apply and govern the resolution of such disputes, to the extent not preempted by U.S. federal law. The application of conflict of law rules or principles of any jurisdiction shall not be considered. If a dispute cannot be resolved through arbitration or small claims court, it will be adjudicated in the state or federal courts situated in King County, Washington, within the United States.

Mandatory Binding Arbitration and Class Waiver

Please read the following important section carefully.

With the exception of small claims disputes or claims pertaining to intellectual property, any disputes arising from the use of the Site and/or Service must be resolved through binding arbitration administered by JAMS. The Federal Arbitration Act and federal arbitration law apply to this agreement. The most recent version of the JAMS Rules are available at www.jamsadr.com/rules-download and are hereby incorporated by reference.

By agreeing to these terms, you and Faith Up waive your rights to a jury trial and agree to resolve disputes solely through individual action, and not as a class arbitration, class action, or any other type of representative proceeding.

If you initiate arbitration, you will be responsible for paying the filing fee, up to a maximum of $250 if you are a consumer, and Faith Up will pay the remaining JAMS fees and costs. If Faith Up initiates arbitration, it will pay all JAMS fees and costs. The place of the arbitration shall be in Seattle, Washington.

If any portion of this section is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms of Use. Severance of the unenforceable or unlawful provision shall have no impact on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section. If any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Additionally, if any part of this section prohibits an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

General Terms

If any part of the Terms of Use is determined to be invalid or unenforceable under applicable law, the unenforceable provision will be replaced with a valid and enforceable provision that closely matches the original intent, and the remaining Terms of Use will remain in effect. You are not permitted to assign the Terms of Use, or transfer or sublicense your rights, if any, to the Site and/or Service. Apart from the provisions stated in this agreement, the Terms of Use represent the entire understanding between you and Faith Up regarding the Site and/or Service.